Federal Judge Rules Massive Montana Coal Mine Expansion Illegal
OCTOBER 4, 2022
BY COUNTERPUNCH NEWS SERVICE
HELENA, MONTANA
Late Friday, Billings Federal District Court Judge Susan Watters ruled that a massive expansion of the Rosebud coal strip-mine was approved illegally. The expansion was approved in June 2019 by the federal Office of Surface Mining (OSM), and allowed Western Rosebud Mining, LLC (WRM) to strip-mine a new area, known as Area F.
The court ruled that OSM failed to consider the impacts from this massive expansion on water resources, the Yellowstone River, and the climate. The expansion would allow the strip mining of an additional 6,500 acres containing about 70 million tons of coal, which would then be burned almost exclusively at the Colstrip power plant and release over 100 million tons of greenhouse gases. Burning the coal at the Colstrip Power Plant requires diverting 25,000 to 50,000 acre feet of water from the Yellowstone River each year.
The court agreed with conservation groups who pointed out OSM only focused on economic benefits of the mine but ignored environmental costs. OSM’s attempt to use wordplay to avoid disclosing the overwhelming costs of the mine expansion did not negate its obligation to provide an even-handed analysis of both the costs and benefits of mining coal. On remand, OSM will be obligated to consider a “middle ground” alternative that winds down coal-mining in Colstrip.
“OSM has a responsibility to tell the public the truth about the harm from mining and burning coal. It continually fails to do its job despite the clear language in the law,” said Shiloh Hernandez with Earthjustice. “Under a clear-eyed, honest analysis, continued coal development is indefensible. OSM now has an opportunity and an obligation to lay out and analyze a transition at Colstrip that is just for the community and the climate.”
More:
https://www.counterpunch.org/2022/10/04/federal-judge-rules-massive-montana-coal-mine-expansion-illegal/
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